Panaji: It’s been a year since the state government drafted model rules under the HIV and AIDS (Prevention and Control) Act, 2017, for appointment of an ombudsman. The rules, however, are yet to be notified.
The appointment of an ombudsman will greatly help people living with HIV/AIDS seek relief in the event of an injustice being meted out to them, such as being retrenched from service when their employers learn of their illness. Presently, there is no dedicated forum that they can approach in times of distress.
Dr Angelica Siona Gomes, project director at the Goa State AIDS Control Society, said the rules have been submitted to the public health department and that it is for the department to get them notified.
Among the many provisions, the rules empower the ombudsman to pass interim orders in case of medical emergency, without hearing the parties. The ombudsman will also have the power to pass orders pertaining to withdrawal and rectification of the violation, counselling and social service.
Ashpak Shaik, executive director of the not-for-profit LifeLine Foundation that works for people living with HIV/AIDS, said a redressal system for people afflicted with HIV/AIDS is greatly needed as it is difficult for them to get relief under the present system when their human rights are violated.
“They continue to be stigmatised and discriminated against in hospitals. We have seen cases where people have lost their right to property due to the illness. Their families have told them that since they will die soon, they shouldn’t claim their right to property,” he said.
Peter Borges, president of Human Touch Foundation, another not-for-profit organisation that works for the welfare of people having HIV/AIDS, said the discrimination people having HIV/AIDS face is profound. “Due to the pandemic, there has been a delay in releasing payment under the Dayanand Social Security Scheme (DSSS), which many of those living with HIV/AIDS rely upon as most do not have a source income,” he said.
Shaik said some lose their jobs when their employers learn of their illness or are thrown out of their jobs unlawfully in the absence of a dedicated redressal forum.
“The employer has no right to remove a person from the job only because of his HIV status. The employer will have the right to throw him out of the job only if he is unable to deliver in his job due to ill health,” he said.